SCHEDULED CASTES AND SCHEDULED TRIBES ORDERS (AMENDMENT) ACT 1976

An Act to provide for the inclusion in, and the exclusion from, the
lists of Scheduled Castes and Scheduled Tribes, of certain
castes and
tribes, for the re-adjustment of representation of parliamentary and
assembly constituenries in so far as such readjustment
is necessitated
by such inclusion of exclusion and for matter-, connected therewith.
BE it enacted by Parliament in the Twenty-seventh
Year of the
Republic of India as follows:-

(2) It shall come into force on such date as the Central
Government may, by notification in the Official Gazette, appoint.

Definitions.
2. Definitions. In this Act, unless the context otherwise
requires,-
(a) -'census authority" means the Registrar
General and ex
officio Census Commissioner for India;
(b) "Commission" means the Election Commission appointed by
the President
under article 324 of the Constitution;
(c) "Delimitation Act" means the Delimitation Act, 1972;(76
of 1972.)
(d) "last census"
means the census held in India in 1971:
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1. 27.7.1977:
Vide Notifn. No. S.O. 589(E), dt. 27.7.1977.
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849
(e)
"Scheduled Castes Order"- means the Constitution
(Scheduled Castes) Order, 1950, made by the President under
article 341 of the
Constitution;
(f) "Scheduled Tribes Orders" means the Constitution
(Scheduled Tribes) Order, 1950 and the Constitution (Andaman
and, Nicobar Islands) Scheduled Tribes Order,, 1959, made by
the President under article 342 of the Constitution;
(g) "State"
means a State included in the Scheduled Caste
Order and the Scheduled Tribes Orders, and includes the Union
territory of the Andaman
and Nicobar Islands; -

Determination of population of Scheduled Castes and Scheduled Tribes.
5. Determination of population of Scheduled Castes and

Scheduled Tribes. (1) As soon as may be after the commencement of this
Act population as at the last census of the Scheduled Castes
or, as
the case may be, of the Scheduled Tribes, in each State shall be
ascertained or estimated by the census authority.

(2) Where by reason of the amendments made by section 3 or
section 4-
(a) any locality in a State specified in relation to any
caste or tribe in any of the parts of the Schedules to the
Orders referred to in the said sections is varied so as to
specify
a larger area in relation to such caste or tribe, the
census authority shall take into account the population
figures of the caste
or tribe as ascertained in the last
census and in any previous census wherein the population
figures of the caste or tribe in respect
of the increased
area had been ascertained and determine the population of
that caste or tribe as on the 1st day of April, 1971
by
increasing or decreasing such or, as the case may be, the
division, district, taluk, tahsil, police to which such caste
or
tribe has been specified by the said amendments has
increased or decreased between the previous census aforesaid
and the last census;
(b) any caste or tribe which is deemed to be both a
Scheduled Caste and Scheduled Tribe in rotation to a State or
part thereof
is varied so as to specify such caste, or tribe
only as a Scheduled Caste or Scheduled Tribe' in 'relation to
that, State or part,
the census authority`shall take into"
account the population' figures 'of such Scheduled Caste and
Scheduled Tribe as ascertained
in the last census:
Provided 'that it shall not be necessary for; the census
authority to determine the population of any Scheduled
Caste or Tribe
as on the
1 Repealed by Act 19 of 1988, S. 2 & Sch. I.
850
1st day of April, 1971, if the population
of that caste or tribe was
not ascertained at the last census and in any of the previous censuses
and is, in the opinion of that
authority, numerically small.
Explanation.-Where the population figures of any caste or tribe
in respect of any increased area
referred to in clause (a) had been
ascertained in more than one previous census, the census authority
shall take into account;
for the purposes of that clause, the
population figures of such caste or tribe as ascertained in the
previous census which is nearest
in point of time to the last census.

(3)The population figures ascertained or determined under sub-

section (2) shall be notified by the census authority in the Gazette
of India.

(4) The population figures so notified shall be taken to be the
relevant population figures as ascertained at the, last census and
shall supersede any figures previously published; and the figures so
notified shall be final shall not be called in question in
any court.

Re-adjustment of constituencies by the Election Commission.
6. Re-adjustment of constituencies by the Election Commission.

(1) After the population figures have been notified for any State
under section 5, it shall be the duty of the Commission to make
such
amendments as may be necessary in the Delimitation of Parliamentary
and Assembly Constituencies Order, 1976, (without altering
the extent
of any constituency as given in such Order) having regard to the
provisions of articles 81, 170, 330 and 332 of the
Constitution, of
section 8 of the Delimitation Act, and of this Act, for the purpose of
giving proper representation to the Scheduled
Castes or, as the case
may be, the Scheduled Tribes of that State on the basis of the number'
of reserved seats as specified in
that Order as hereunder amended by
the Commission, and the First Schedule and Second Schedule to the
Representation of the People
Act, (43 of 1950.) 1950 shall be deemed
to have been amended accordingly.

(2) In,making any amendments under sub-section (1), the
Commission shall, as far as may be necessary, have regard to the

provisions of clauses (c) and (d) of sub-section (1) of section 9 of
the Delimitation Act.

(3) The Commission shall-
(a) publish its proposals for the, amendments in the
Gazette of India and the Official Gazette of the
State
concerned and also in such other manner as it thinks fit;
(b) specify a date on or after which such proposals will be
further considered by it;
851
(c) consider all objections and suggestions which may have
been received by it before
the date so specified; and
(d) thereafter make the necessary amendments in the order.

Procedure and powers of the Commission.

7. Procedure and powers of the Commission. (1) In the discharge
of its functions under this Act, the Commission shall determine its
own procedure and shall have all the powers of a civil court under the
Code of Civil Procedure, 1908, (5 of 1908.) while trying
a suit in
respect of the following matters, namely:-
(a) summoning and enforcing the attendance of witnesses;
(b) requiring
the production of any document; and
(c) requisitioning any public record from any court of of-
fice.

(2) The Commission shall have the power to require any person to
furnish any information on such points or matters as, in the opinion
of the Commission, may be useful for, or relevant to, any matter,
under the consideration of the Commission.

(3) The Commission shall be deemed to be a civil court for the
purposes of sections 345 and 346 of the Code of Criminal Procedure,
1973,(2 of 1974.)
Explanation.-For the purpose of enforcing the attendance of
witnesses, the local limits of the jurisdiction
of the Commission
shall be the limits of the Territory of India,

Publication of amendments and their dates of operation.

8. Publication of amendments and their dates of operation. (1)
The Commission shall cause the amendments made by It In the
Delimitation
of Parliamentary and Assembly Constituencies Order, 1976
to be published in the Gazette of India and in the Official Gazettes
of
the States concerned.

(2) Upon publication in the Gazette of India, every such
amendment shall have the force of law and shall not be called in
question
in any court.

(3) As soon as may be after such publication in the Gazette of
India. every such amendment it, shall be laid before the House of
the
People and the Legislative Assemblies of the States concerned.

(4) Subject to the provisions of sub-section (5), the
readjustment of representation of any territorial constituencies in
the House
of the People or in the Legislative Assembly of a State
necessitated by any amendments made by the Commission in the
Delimitation
of Parliamentary and Assembly Constituencies Order, 1976
and provided for in that Order as so amended shall apply in relation
to
every election to the House or, as the case may be, to the
Assembly, hereafter the publication in the Gazette of India under sub-

section (1) of such amendments and shall so apply in supersession of
the provisions relating to representation Contained in the
Representation of the People Act,, 1950. (43 of 1950.)
852

(5) Nothing contained in the foregoing sub-sections shall affect
the representation in the House of the People or in the Legislative
Assembly of a State, existing on the date of publication in the

Gazette of India under sub-section (1) of the amendments made by the
Commission under this Act.

Certain other powers of Election commission.

9. Certain other powers of Election commission. (1) The
Commission may, from time to time, by notification in the Gazette of
India
and in the Official Gazette of the State concerned-
(a) correct any printing mistake in the Delimitation of
Parliamentary and
Assembly Constituencies Order, 1976 as
amended under this Act, or any error occurring therein from
any inadvertent slip or omission;
and
(b)- where the boundaries or the name of any district or any
territorial division mentioned in the said Order are or is
altered, make such amendments as appear to it to be necessary
or expedient for bringing the Order up-to-date.

(2) Every notification under this section, shall be laid, as
soon as may be after it is issued, before the House of the People and
the Legislative Assembly of the State concerned.

Validation of acts done previous to the commencement of the Act.
10. Validation of acts done previous to the commencement of
the
Act. All' things' done, and all steps taken', before the commencement
of this Act by the census authority for the determination
of
population of Scheduled Castes and Scheduled Tribes, or by the
Commission for the purpose of, re-adjustment of constituencies
shall,
in so far as they are in conformity with the, provisions of this Act,
be deemed have been done or taken under these provisions
as if such
provisions were in force at the time such things were done or such
steps were taken.
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1. Repealed by Act 19 of 1988, s. 2 & Sch. I.
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6.
Shom Peons."